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Had no members of this Convention roe has stated; that this delay was for enable us to fulfill that engagement. If gone to the printing office, and said the purpose of giving members an op- we cannot have them for that purpose, any thing to the printers, it is probable portunity to examine their speeches then let us dispense with the publicathat the debates and proceedings would before they were finally printed. The tion of them altogether. I would as all have been up by this time. I told foreman did not state definitely to me soon have a last year's almanac to read, the foreman, when I went away, that that they might have been up with the as these debates published and laid beunder the circumstances, as members debates, and would have been, but for fore us, six months after their delivery. wished to have an opportunity to this delay to accommodate members. We want to have them now during the correct the reports of their debates, He did not state that any member had progress of the business of this conprobably it would be best for him to requested the delay, but, as I under- vention. : go on with something else--to com- stood him, the debates had been de- Mr. BURTCH. I differ with my plete the Manual of the Convention, if layed for the purpose of giving mem- friend from Lenawee, (Mr. BILLS.) he could, during the recess.

bers an opportunity to examine the I think these debates ought to be pubI do not think the resolution offered proof sheets. I hardly think the lished, and if they cannot be furnished should be adopted. I hope the mover printer needs this spur, and still I am in time for the people of the present of it will consent to have it laid on the not tenacious about this resolution. day, they can be furnished for future table until he can visit the printing Mr. BURTCH. It seems to me that ages. [Laughter.] office himself, and ascertain exactly it is assuming considerable responsi- The resolution was then agreed to. how the matter stands..

bility for members thus to undertake PUBLISHING ABSENTEES IN THE JOURNAL. Mr. BLACKMAN. I have no objec- to impede the public business. Gen- Mr. BLACKMAN. I offer the foltion to any course being adopted with tlemen will bear me witness that I lowing resolution: .. the resolution, either by laying it on came in here and made a little talk Resolved; That the Secretary of this con. the table, or disposing of it in any / some time ago; but I did not go down vention be directed to cause to be printed . other way. I offered it in order to to the printer and ask him not to print distinguishing between

daily, in the journals, the names of absentees,

them as tollows: bring the matter before this Conven- the proceedings before I could see First, The names of abeentees on account of tion, to ascertain if there was any rea-them, for fear there would be some- sickness. Second, . Of those absent with sonable excuse for this delay. I thing wrong.

leave, for other causes. Third, -Those absent

If there is anything withont leave :: Mr. COOLIDGE. For the purpose wrong in my speeches hereafter, I will Mr PRATT. I move the resolution. of avoiding further discussion on this see about correcting them.

I be laid upon the table.. subject, and believing that the commit- Mr. BILLS. It will be recollected

| The motion to lay on the table was tee on printing will look after this mat- by many members of this Convention, la

n; agreed to... ter properly, I move to lay the resolu- who will revert in their minds to the tion on the table. | time of our adjournment, that our de

BILL OF RIGHTS. : The question was taken upon the bates were then some twelve days be-l:

Mr. MUSSEY. I move that the motion to lay the resolution on the bind in their publication. The excuse / Convention now resolve itself into com- table, and upon a division there were which is now urged for the delay in mittee of the whole on the general ayes 24, noes 15.

their publication, certainly could not order. Mr. DANELLS. That, I believe, is have been an excuse for the tardiness

have been on avage for the tardiness. The motion was agreed to. : not a quorum. Does it not require a previous to that time; because mem-1 The Convention accordingly resolved quorum to vote ?

bers were here then, and could have itself into committee of the whole, (Mr. The PRESIDENT. No quorum corrected their speeches without delay. ( PRINGLE in the chair,) and resumed the has voted; the Chair will put the ques- What the members of this Convention consideration of general order No. 11, tion again.

desire, is, that these debates be pub- being the article entitled “ Bill of The question was again taken upon lished, and put upon our tables, within Rights.?::::::: the motion to lay on the table, and it a day or two after they occur. It was PRIVATE PROPERTY FOR PUBLIC USE. : was not agreed to, upon a division; thought that could be done when we The CHAIRMAN. When the comayes 25, noes 26.

i entered into this contract. If we are mittee last had the article entitled The question recurred upon the not to have them delivered to us in Bill of Rights," under consideration, resolution.

that way, then for one, I should al- it had proceeded therein as far as secMr. NORRIS. I move that the res- most desire to discontinue their publi- tion twenty-three of that article, which olution be referred to the committee cation altogether. If the printers are lis as follows: on printing.

to fall behind at this rate, then at the
nast benne a his role, when w e "The property of no person shall be taken

the property The PRESIDENT. The Chair will conclusion of our session here, there for public use without just compensation state that, should the resolution be will be nearly one-half of our debates therefor." adopted, it would by its terms carry unpublished. If they are to take until The gentleman from Wayne (Mr. the whole subject to the committee on the next winter months for the publi- MCCLELLAND) had offered an amendprinting

cation of the debates, and to publish ment to the section, to add the words, Mr. NORRIS. Then I withdraw them in the absence of all the mem- * to be paid or secured as shall be prothe motion to refer, and will let the bers, we will have no guarantee of their vided by law.” To that amendment question be taken upon the resolution. correction. Members certainly will not the gentleman from Berrien (Mr. AL

Mr. THOMPSON. I desire to state remain here for the purpose of correct-EXANDER) moved to add the words, that I called, as a member of the com- ing their speeches, and our reporters and such compensation shall be withmittee on printing, at the office of the would be unwilling to do so. We out any deduction for benefits to any State printer yesterday. I do not un- might as well discontiue altogether the property owner.” derstand that the gentleman from publication of these debates, as to have The recollection of the Chair is, that Monroe, (Mr. MORTON,) has called them published in this manner. We the amendment of the gentleman from there since his return. I called there are under obligation and engagement Berrien, was entertained as an amendto ascertain the cause of this delay, to send these debates from time to time, ment to the amendment of the gentleand was informed by the foreman sub- to a neighboring State, and I desire man from Wayne. It seems, huwever, stantially as the gentleman from Mon- that they shall be published, so as to to the Chair, that it does not neces


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sarily relate to the matter embraced in the order of the owner of the property. paid or secured in the manner prescribed by the amendment. If there shall be no My impression is that the term law. objection the question will be first secured," is a good one to be used in On page 131 will be found, section taken upon the amendment proposed this connection. .

fourteen of the article entitled “Miscelby the gentleman from Wayne. The Mr. MUSSEY. I think there is an

laneous Provisions," as follows: Chair stated it the other way, because other reason why the amendment of

1." The property of no person shall be taken the gentleman who was acting as the gentleman from Wayne should

for public use, without just compensation

theretor. Private roads may be opened in chairman of the committee of the prevail. I will say that I hope the the manner to be prescribed by law; but in whole, so entertained it.

. lamendment of the

amendment of the gentleman from every case the necessities of the road, the -No objection being made the ques- Berrien will not prevail. The reason

w amount of all damage to be sustained by the

opening thereof, sball be first determined by tion was considered as being upon the for the amendment now pending is a jury or freeholders, and such amount: toamendment of Mr. MCCLELLÅND. that in laying out public highways, gether with the expenses of proceeding, shall Mr. MCCLELLAND. I will state or private ways, the damage may be

be paid by the person or persons to be bene.

fited." ; briefly the reason why I offered this assessed, and the owner of the prop

There is another section also bearing amendment. I understand that the erty may take exception to the amount

upon this subject, in the article enLegislature haye in several cases au- of the damage allowed. Hence, it titled osta

titled “Legislative Department." thorized the taking of property, with- could not be paid before the prop- MB MOCLELLAND Mpame

ment is taken from section fifteen, artiin advance. I believe that is the rule amount of the damage is not settled me fiftean of the present Constitution: that prevails now in this State, in re- between the parties. Therefore, un

That section provides that the comgard to telegraph companies. My less the amendment prevails, the owner

pensation therefor shall first be deterobject in offering this amendment is to of the property, by appealing from the

mined by a jury of freeholders, and obviate that evil, and to prevent that amount allowed, may delay and pre

actually paid or secured in the mancourse' being pursued hereafter. At vent the road from being established

ner prescribed by law." : first I proposed to use the word "paid," for an almost indefinite time, and that,

1. Mr. PRATT. My recollection is simply; but on consultation with one too, when it might be quite essential

that there is another section bearing or two gentlemen in reference to this for the public convenience. But, when

upon this subject; but I do not have subject, I thought that perhaps it would the compensation is secured, the road

it before me at this moment. be better to say, “paid or secured," may be constructed, and the amount

Mr. MCCLELLAND. There is an- : because in many cases it is impossible of damage can be settled by the court, Lother section which will be found on to pay in advance of taking the prop- if the owner of the property chooses

page 128 of the Manual. erty, on account of the owner of the to take the question there.

Mr. PRATT. I thank the gentleproperty being absent from the State, Mr. GIDDINGS. I alluded par-Iman for referring me to that section. and in many cases not being known ticularly to the damages allowed in the / It is section two of the article entitled even to those who take the property. case of railroads; I did not allude to Miscellaneous Provisions," and is as Whether in such a case as that, a leg- any other cases. . islative enactment authorizing this Mr. MUSSEY. I desire to have i When privata property is taken for the money to be paid into court for the them all included .

use or benefit of the public, the necessity for benefit of these parties, would be suf

1 Mr. PRATT. This subiect is found using the same, and the just compensation ficient, I am not now prepared to state.

therefor, except when to be made by the l in the present Constitution in three State, shall be ascertained by a jury of twelve If that should be done, as a matter of

different articles; in the article on cor- freeholders, residing in the vicinity of such course that would be a payment. I have no objection myself to having the porations, in the article on the legisla- property, or by pot,

sioners, appointed by a court of record, as tive department, and also in the article shall b words “or secured” struck out, if any.

y entitled “Miscellaneous Provisions." member has any particular objection

The committee on the bill of rights to them. My opinion is that the propThe committee on the bill of rights,

did not deem it wise to go into this after consulting with the chairmen of erty of no one should be taken without

matter of detail, but thought it better compensation paid in advance. the committees having in charge those

to leave that entirely to the respective This provision is to supply the place

various articles, concluded that they

buey committees who had that matter in of three different provisions in the Conwould confine their labors to the sim

charge. They thought it better for us stitution of 1850. As my amendment ple announcement of a fundamental

simply to make the announcement of relates to the condensation of one of principle, and leave the matter of details

fundamental principles, similar to that the provisions in the Constitution of to be carried out by the respective

in the bill of rights, and the Constitu1850, I have thought it best to propose committees that have this matter in

tions of the yarious States. It will be it in the form in which I have submitcharge. I understand that all these

almost impossible to perfect the details, ted it. I should object to the amend

matters in regard to compensation, and
the manner in which the taking of prop-

and make them such as will meet every ment of the gentleman from Berrien, erty shall be determined, will be pro

case. I would prefer to have this sec(Mr. ALEXANDER,) as proposed to my vided for by the three committees to

tion remain as it is. amendment, because it is legislative in

Mr. BILLS. It will be understood its character..., whom I have alluded. It will be found

that we now propose simply to incorthat in the present Constitution the Mr. GIDDINGS. I was about to

porate a provision in the bill of rights. suggest that, under the present practice details occupy considerable space. For

It seems to me that the section reportas established by the law, when a party 1

instance, by reference to page 124 of
the Manual, section fifteen of article

ed by the committee, embraces all that owning property is absent from the fifteen, the present Constitution pro

is needed on that subject. I suggest State, a tender of the payment can be

whether it is not sufficient to cover all made, and a court can direct what shall vides as follows:

the principles in the former Constitubè done with the funds, or the “ dam-l "Private property shall not be taken for tion? It announces a principle which age money," as it is called. I believe public improvements in cities and villages, I shall govern our Legislature; that no it is generally directed to be deposited

without the consent of the owner, unless the
compensation therefor sball first be deter-

property shall be taken from a private . in some banking institution, subjcct to mined by a jury of freeholders, and actually individual without compensatio

I follows:


would be satisfied to leave that as the the compensation is paid. I take the give my note for it, in law the property sole provision to be embraced in the ground that we have no right to take is paid for. Then if, in carrying out Constitution upon this subject; and to possession of any man's property with- the details of this provision by the leave all the details which we find in out due compensation being actually Legislature, it shall be deemed desirathe present Constitution, and which paid previous to taking possession of ble to provide that property shall be may be needed upon the subject, to be it. That is the ground I take. If we taken before the money is paid, still provided for by the Legislature. This assert a principle, even in the bill of provision could be made by which the section reads

rights, we should couch it in such per- payment of the money should be se." The property of no person shall be taken fect language that the humblest under- cured to this individual. If it was the for public use, without just compensation standing in the community may know property of a non-resident, and he is therefor." . . what it means.

not accessible to the authorities who This is a perfect enunciation of the Mr. PRATT. I desire to say one desire to take the property, provision principle which we desire to recognize word in reply to the gentleman from might be made by the Legislature that as the governing principle to control Wayne, (Mr. McCLELLAND.) He says the money for the property shall be our Legislature. To express this in that he understands this section is to deposited, or its payment secured, subthe bill of rights is, in my judgment, be the only provision on this subjectject to the call of the non-resident, or sufficient for all purposes of the Con- in the Constitution. I think the gen-to the call of the party who might not stitution; leaving it for the Legislature tleman is not authorized to make that be accessible at the time the compen to make such provisions, and such de- statement. I understand from the sation might be due. All that, howtails of methods by which compensa-l consultation I have had with the gen-ever, I would leave to the Legislature; tion may be granted for property thus tleman from Allegan, (Mr. WILLIAMS,) I would put no part of it in this contaken, as to them shall seem Wise. I who is chairman of the committee on Istitution. It seems to me that the With that view, 1 greatly prefer to re- miscellaneous provisions, that it is the principle which the gentleman desires tain this section precisely as it now intention of that committee to report to have established is fully secured by stands without any amendment. La section which shall cover this entirel the lañonaca of this conti

a section which shall cover this entire the language of this section, as it now Mr. MCCLELLAND. We have had

ground. That is one reason why the stands. I think the qualification of a great deal of difficulty in regard to committee on the bill of rights con- it, as he proposes, does not provide this subject in cities and villages intented themselves with simply an- more satisfactorily for carrying out the this State, as is well known to all mem

nouncing the principle found in the recognized principle that no property bers of the legal profession. In con- | Constitution of the United States. I shall be taken without being paid for, sequence of that difficulty there was think the matter of detail also belongs than does this section as it now stands. inserted, by an amendment submitted to the committee on cities and villages. : Mr. MUSSEY. I would ask the to the people by the Legislature, the Mr. MCCLELLAND. Will the gen- gentleman from Lenawee, (Mr. BILLS,) following provision in the present Con- | tleman allow me to ask him a question ? la question before he takes his seat. I stitution, to be found on page 129 of Mr. PRATT. would inquire of him if, without some the Manual:

Mr. MCCLELLAND. I would ask such amendment as is now proposed, "Provided, The foregoing provisions shall the gentleman what is the use of divid- any such provision for paying as he in no case be construed to apply to the action of commissioners of the highways in the ing up this matter, and putting it in has suggested would be deemed å payofficial discharge of their duties as highway three or four different sections, as wel ment under the law ? This section commissioners."

did in the constitution of 1850? That says that just compensation shall be I understand that the section now very thing has tended to confuse the paid therefor. I take it that a man is under consideration is the only provis- Legislature, as I am informed, leading obliged to accept nothing as a payment ion on this subject there is to be inser-) to grave difficulties upon this subject. except lawful money of the United ted in the Constitution of 1867, in lieu Mr. PRATT. In reply to the in- States. of some three or four different provis- quiry of the gentleman, I would say Mr. BILLS. The language of the ions scattered through the Constitution that in framing a bill of rights, my section is, that the property of no of 1850. I think, therefore, it would idea is that we should confine ourselves person shall be taken for public use be well for us to fix it with so much to the announcement of fundamental without, just compensation therefor." certainty that there can be no mistake principles, and leave the matter of Now, it is perhaps & somewhat nice made in regard to it by the Legislature. details to be determined upon by the question whether compensation can be I ask, then, why not incorporate here respective committees to which they anything short of legal tender. .. substantially the same provision that is properly belong.

Mr. MUSSEY. Exactly. contained in the Constitution of 1850, Mr. BILLS. The gentleman from Mr. BILLS. I think the Legislain regard to cities and villages, and why Wayne referred to the position taken ture would find no dificulty in pronot extend that to all the rural dis- by myself in regard to this matter; and viding for the compensation, inasmuch tricts, as well as to the cities and villa-inquired if this should not be so plain as this section does not prescribe the ges?

:: that the humblest individual may fully specific time within which that payMy friend from Lenawee, (Mr. comprehend it? In reply to the gen- ment shall be rendered. The LegislaBILLS,) says that he considers this sec- tleman, I would say, that it seems to ture may so adjust the law in regard

nds in this article, all that me no qualification is needed in order to it, that the compensation for the we need. I would ask the gentleman to simplify it. It reads: «The prop- property of non-residents for instance when this compensation is to be paid? erty of no person shall be taken for can be deposited beforehand, or the The compensation may be fixed by public use without just compensation security for its payment made beforevirtue of an act of the Legislature. But therefor." The very language of the hand. That is a question about which when is it to be paid; before you take section itself recognizes that principle; gentlemen might differ. My own conpossession of the property, or after you recognizes precisely, the view which the viction would be that the Legislature take possession of it? As I understand gentleman takes; that no property shall could make such provisions... the law now in regard to telegraph be taken until paid for.

Mr. MUSSEY. I think the supreme companies in this State, those compa- But here the question might arise, court would make more trouble than nies take possession of property before how paid for? If I buy a house, and the Legislature,


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I believe the details governing these out.

jority of the committee on elections, cases can be provided for in the article Mr. GIDDINGS. I hope we will and the other reported by the minority on miscellaneous provisions, or in the not strike out anything here, just be- of that committee. There is also on article on legislative department, or incause it does not happen to be in the the files an article entitled “Liegislative some other article more appropriate for Constitution of the United States Department." it than this. In this article we should | Mr. WILLARD. It seems to me l Mr. HENDERSON. The chairman content ourselves with the simple enun-l that the word is useless; that it is mere of the committee on the legislative deciation of the principle that property tautology.

partment, (Mr. CONGER,) is not now shall not be taken without compensa- | Mr. LOVELL. I suggest that the present. Inasmuch as both of the tion. I hope, therefore, that this sec-committee on phraseology ought to gentlemen who reported articles from tion will be allowed to remain just as discuss these questions of phraseology the committee on elections, (Messrs. it is.

in their own committee room, and not VAN VALKENBURGH and CROCKER;) are Mr. WITHEY. I want to suggest, bring them here before the committee present. I think it would be better to in reference to the amendment of the of the whole. I hope the committee I consider the article on elections, than gentleman from Wayne, whether it will vote down this motion to amend, to take up the article on the legislative would not be better to leave this sec- and leave that committee something department in the absence of the tion to stand just as it was reported to do..

chairman of that committee. . by the committee, in view of the fact Mr. VAN VALKENBURGH. I rise Mr MUSSEY. I was about to ob that it is in precisely the language of for the purpose of sustaining the lject to passing over the article on the the Constitution of the United States; amendment proposed by the gentleman | military department. It is a short and whether there is anything gained from Calhoun, (Mr. WILLARD,) to strikel article, and unless there is a necessity by inserting the words proposed by out the word "therefor." The word is for the chairman of that committee to him? In Article V of the amendments perfectly superfluous, is of no use, and be present when it is considered. I of the Constitution of the United I hope it will be stricken out.

think we might as well take it up now. States will be found these words: Mr. WALKER. While we are on The CHAIRMAN'Thala “Nor shall private property be taken gaged in correcting the grammar of antarti

04 entertain any motion in relation to the for public use without just compensa- this section, I move to correct the bu

10 business of the committee which any tion.” That is the language of the grammar of the amendment, so that it

member may make. Constitution of the United States, will read "stricken out,

out, and not
and not

Mr. P. D. WARNER. I hope this. and it is substantially the language of 'struck out.”.

committee will not take back its action this section. This reads, “The prop-1 Mr. WILLARD. I am content with

in regard to the consideration of the . erty of no person shall be taken for the expression as it is. I think I have anti

person shall be taken for the expression as 10:18. I think I have article entitled “Military Department." public use without just compensation undoubted authority for the use of the We have

undoubted authority for the use of the We have here now the reports of both therefor." It seems to me that we word "struck," as the perfect participle branches of the committee on Dec cannot enlarge the principle by the of the verb “ strike."

stions; the members who represent both language which the gentleman proposes Mr. VAN VALKENBURGH. It is

of those reports are in their places, to add to this section. It appears to no matter how it is done, so it is done

10 and but a single member of the comme that the Legislature will have pow- The question was then taken on mit

on mittee is absent. If it is policy for er under the section as reported by the striking out the word “therefor," and

the committee of the whole to wait the committee, to do all that they could do it was not agreed to, upon a division,

W1320d, return of every member of any standwith the amendment proposed by the ayes. 14, noes not counted.c

ing committee, before the article regentleman from Wayne. :

The article entitled “-Bill of Rights,"ported by that standing committee The question was then take upon as amended by the committee of the shall be considered, then I think it the amendment of Mr. MCCLELLAND to whole; was then laid aside, to be re- I will be a long time before we get add to section twenty-three the words, ported to the Convention. . .) through with the business for which

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titing to others should not

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we were sent here. I see no necessity ask the suspension of the rule, requir- existing in the principal city of Michifor postponing the article on elections. ing the article to be read through, and gan. It was then considered a good

Mr. BILLS. I move that we now then resume the consideration of the rule that wherever there was a unity take up the article on elections. : subject. If no motion is made to that of interest existing, the object of the

Mr. GIDDINGS. I desire to say effect, the Secretary will proceed with Convention being to carry that idea one word. I hope that we will not the reading of the article.

Jout in the Constitution, it should not proceed to consider the article on elec- The Secretary accordingly read the in any way be interfered with. This tions, out of courtesy to one of the article through; and then proceeded to has been the rule from 1850 to the the members of that committee who read the article by sections for amend- present time in the city of Detroit. I desires to be present at the time of the ment.

đo not know whether it has been exdiscussion and consideration of that The first section was read as follows: tended to other cities of the State or article. I observe that the chairman SECTION 1. The legislative power is vested not. But I apprehend that the city of of the committee on the legislative in a Senate and House of Representatives. Detroit is now united in regard to this department, is now present. I would No amendment was offered to this matter. I think it would be a great very much prefer that we might take section.

disappointment to the people of that up the article entitled - Legislative . NUMBER OF SENATORS.

city to have a different principle estabDepartment.”

: : The next section was read as follows: lished. I, therefore, move this amiendMr. VAN VALKENBURGH. SO SECTION 2. The Senate shall consist of ment, and hope it will be adopted. . far as I am myself concerned, I have thirty-two'members. But after the year 1870, By reference to page 61 of the Manual.

the Legislature, may increase the number toil it will be found that I have used the no objection to proceeding with the

Ho thirty-three, : by authorizing the election of consideration of the article on elections. two Sepators in that portion of the State now exact language employed in the presI have redeemed my pledge to the included within the limits of the Thirty-Sec- ent Constitution. My friend from Sag. member of that committee. I have ond Sebatorial District. : Senators shall be l.

be inaw (Mr. MILLER) says that there is

elected for four years, and by single districts. asked to have that article postponed At the tirat election after the adoption of this no use in the word “ township” in my for the present. I will now abide the Constitution, Senators in the odd numbered amendment. Perhaps that may be 80; order of the committee of the whole. In

the even . numbered districts for four years.
: Mr. P. D. WARNER. As the chair-Such districts shall be pumbered from one to ships, and that is the reason 1
man of the committee on the legisla- thirty-three inclusive; each of which shall tained that word.
tive department (Mr. CONGER) is now

r ovare is now choose one Senator. No county sball be divi.
Owded in the formation of Senate districts, ex-

| Mr. CONGER. I desire to state in his place, I should have no objection cept such coupty shall be equitably entitled that the committee who reported this to proceeding with the consideration to two or more Senators.

article with some unanimity, were of of the article on the legislative depart- No amendment was offered to this the opinion that there was no particu. ment. section.

lar reason why a city should not be diThe CHAIRMAN. The question is NUMBER OF REPRESENTATIVES, ETC. vided in the formation of representaupon the motion of the gentleman The next section was read as follows: tive districts, any more than a county. from Lenawee (Mr. BILLS) to proceed SECTION 3 The House of Representatives A city is divided into wards; the into the consideration of the article on shall consist of one hundred members. Rep. I terests of the different parts of the city elections... .

resentatives shall be chosen for two years, are as diversë, at least as are the dif Mr. COOLIDGE. I move to amend district shall contain, as nearly as may be, and by single districts. Each representative :

ferent parts of a county. It seemed that motion by inserting “legislative an equal number of inhabitants, including civ- to the committee, and it seems to me, department," instead of selections." . ilized persons of Indian desceni, not mem-| bers of any tribe, and shall consist of copve.

that a representative system by single The question was then taken on the

pient and contiguous territory. In every districts comes nearer to the expression amendment of Mr. COOLIDGE, and it county entitled to more than one Representa- of the immediate will of the constitwas agreed to..

"live, the board of supervisors shall assemble jante of ich representative thon

at such time and place as may be provided by The motion, as amended, was then

law, and divide the same into representative would any other system. The comagreed to.

districts, equal to the number of Representa- mittee could see no reason why a difLEGISLATIVE DEPARTMENT.

tives to wbich such county is entitled by law, ferent gile should be adopted in regard

and shall cause to be filed in the offices of the The committee of the whole then Secretary of State, and clerk of such county, to a county irou

to a county from that adopted in reproceeded to the consideration of a description of such represectative districts, gard to a city. Practically there would general order. No. 14. being the article specifying the number of each district, and he

rict, and be no inconvenience whatever in dividentitled “Legislative Department."

the population thereof, according to the last Tenumeration..

samling a city into representative districts, AIRMAN: The Secretary | Mr MCLELLAND T move to its own boundaries and sub-divisions

couga; amend this section by inserting after for municipal purposes rendering it at after which, it will be read by sections, the words « shall consist of convenient

least as easy of division as a township for amendment. and contiguous territory,” the fol

and a county. In accordance with a Mr. P. D. WARNER. I move that I lowing:

- principle which the committee have. the Trsu reading of the article be als) “But no township or city shall be divided auopred

| adopted, and which, with the exception pensed with, and that it be now read in the formation of a representative district. referred to by the gentleman from by sections for amendment.

When any township or city sball contain a Wayne, has been the controlling prins

| population which eutitles it to more than one The CHAIRMAN. The opinion of representative, then such township or city 1.1

ciple in the State for years past, that the Chair is that the rule of the Con- shall elect by general ticket the number of is, having representation by single disvention cannot be suspended in com- representatives to which it is entitled." tricts' as far as may be, the committee mittee of the whole. The rule of the This section will then read as does left out of this section the provision of Convention requires that each article the corresponding section in the Con- the present Constitution to which the shall be read through, before it is read stitution of 1850. The provision was gentleman has referred. It seems to by sections for amendment. The only adopted in the Constitution of 1850, as me that it is more in accordance with.. way to secure the object proposed by I understood at the time-although I the general system sdopted for other the gentleman from Oakland, (Mr. P.D. Wås then residing in a different county parts of the State. It seemed to the WARNER,) would be for the committee from the one in which I at present re- committee that it was perfectly practito rise, report to the Convention, and side--because of the unity of interest cable, and that it would inure to the



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